How Do I Handle A Benefit Overpayment Debt?

What is a benefit overpayment?

A benefit overpayment happens when you’re paid too much in benefits. This can be because of an error, or because your circumstances have changed and you no longer qualify for the benefit.

For example, you might receive a benefit overpayment if:

• your jobseeker’s allowance stops but you don’t tell the DWP
• you’re paid child benefit for a child who no longer lives with you
• your income goes up but you don’t tell the DWP

If you think you’ve been overpaid, contact your nearest Jobcentre Plus office or call the universal credit helpline.

How does the DWP investigate benefit overpayments?

The DWP will investigate to find out why you were overpaid. They may ask you to provide evidence, such as payslips or bank statements.

They may also carry out checks, such as:

• contacting your employer to confirm your earnings
• looking at information from the Department for Education about any children you claim benefits for

If the DWP thinks you were overpaid because of an error, they will write to you to tell you how much you owe and ask you to repay it.

If they think you were overpaid because your circumstances have changed, they will carry out a ‘mandatory reconsideration’. This is where they look at their decision again and if they still think you were overpaid, they will write to you and ask you to repay the money.

How do I repay benefit overpayments?

The DWP will usually take the money back directly from your benefits. For example, if you’re getting jobseeker’s allowance, they may deduct it from your payments.

If this isn’t possible, or you’re not currently getting benefits, they will send you a letter telling you how much you owe and asking you to repay it.

If you’re struggling to repay, there is help available.

Are benefit overpayments priority debts?

Benefit overpayments are classed as priority debts, which means you should try to repay them as soon as possible. This is because the DWP can take action to recover the money if you don’t pay, such as deducting it from your benefits or taking you to court.

I can’t afford to repay a benefit overpayment. What can I do?

You can also contact the DWP to discuss your options. They may be able to agree a repayment plan with you, or write off the debt if you’re unable to pay.

Can the DWP take me to court over a benefit overpayment?

If you don’t repay a benefit overpayment, the DWP can take you to court. This is a last resort and they will usually only do this if you owe a large amount of money.

If the court decides that you have to repay the money, they can make an order for you to pay it back in instalments or as a lump sum. They can also add interest to the debt.

The DWP can take action to recover the money if they think you’ve been deliberately fraudulent. This is called ‘civil recovery’. If they take civil recovery action against you they will send you a letter telling you what they intend to do.

What is Civil Recovery? 

Civil recovery is the process of recovering money that is owed to the government. This can include things like benefit overpayment, unpaid taxes, or other debts. The process can be started by the government itself, or by a private individual or company.

If you owe money to the government, they may take civil action against you to recover the debt. This could involve taking money out of your bank account, seizing your assets, or taking you to court. If you are unable to pay the debt, you may end up facing serious financial consequences.

It is important to understand your rights and obligations if you are facing civil recovery. If you are not sure what to do, it is best to seek professional advice. There are many organisations that can help you, and you should not hesitate to seek their assistance.

If you’re struggling to repay a benefit overpayment, there is help available. You can speak to your nearest Citizens Advice for advice on dealing with your debt.

You can also contact the DWP to discuss your options. A repayment plan could be agreed and in some cases they even agree to write off the outstanding debt. 

What are the penalties for causing a benefit overpayment?

If you’re overpaid benefits because you’ve committed fraud, you may have to pay a penalty. This is called a ‘sanction’. The amount of the sanction will depend on how much money you were overpaid and whether you’ve been sanctioned before.

If you’re found guilty of benefit fraud, you may also be ordered to pay back any money you were overpaid, plus interest and a fine. There is also the possibility of a custodial sentence inn serious cases.

What should I do if I think I have received housing benefit overpayment? 

The first step is to contact your local authority or housing association and explain why you believe you have been overpaid. They will then investigate your claim and make a decision. If they agree that you have been overpaid, they will arrange for the overpayment to be repaid.

If you disagree with the decision, you can appeal to an independent tribunal. The tribunal will review your case and make a final decision.